[2019] AfCHPR 36

[2019] AfCHPR 36

The Court determined that, in the interests of justice, the proceedings should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be considered. The Court found that procedural fairness and the right to be heard necessitate giving both parties adequate opportunity...

Source-derived case information.

Citation
[2019] AfCHPR 36
Parties
Applicant: Yusuph Hassani; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
26 September 2019
Case Number
Application No. 029/2015
Procedural Posture
Miscellaneous Application / Order on Re Opening of Pleadings
Outcome
Order granting re-opening of pleadings and acceptance of Respondent State's late response.
Judges
Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
Legal Topics
Right to Be Heard, Armed Robbery Conviction, Reparations Procedure
Source Language
english
Criminal Law Civil Procedure Right to Be Heard Armed Robbery Conviction Reparations Procedure

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Parties

Yusuph Hassani

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Miscellaneous Application / Order on Re Opening of Pleadings

Legal Issues

  1. 1 Whether the Respondent State's late response to reparations submissions should be accepted and pleadings re-opened.
  2. 2 Whether the interests of justice require the re-opening of proceedings to allow full consideration of reparations.

Ratio Decidendi

The Court determined that, in the interests of justice, the proceedings should be re-opened to allow the Respondent State's response to the Applicant's submissions on reparations to be considered. The Court found that procedural fairness and the right to be heard necessitate giving both parties adequate opportunity to present their arguments, especially where delays are explained by administrative reforms. The Respondent State's response is deemed duly filed and will be served on the Applicant, who is granted thirty days to reply. This ensures that the reparations phase is conducted with full participation and respect for due process.

Court Disposition

Order granting re-opening of pleadings and acceptance of Respondent State's late response.

Orders

  • Proceedings in Application No. 029/2015 Yusuph Hassani v United Republic of Tanzania are re-opened.
  • The Respondent State's response to the Applicant's submissions on reparations is deemed duly filed and will be served on the Applicant.